44120 Federal Register / Vol. 77, No. 145 / Friday, July 27, 2012 / Rules and Regulations 

2012–15–04 EUROCOPTER FRANCE: 

Amendment 39–17133; Docket No. 

FAA–2012–0766; Directorate Identifier 

2012–SW–056–AD. 

(a) Applicability 

This AD applies to Model EC155B1 

helicopters with an automated flight control 

system part number (P/N) 416–00297–161 

and software level P/N 704A47–1332–79 

installed, certificated in any category. 

(b) Unsafe Condition 

This AD defines the unsafe condition as 

intermittent uncommanded roll oscillations 

during coupled instrument landing system 

and localizer approaches with the autopilot 

coupled, which could result in subsequent 

loss of control of the helicopter. 

(c) Effective Date 

This AD becomes effective August 13, 

2012. 

(d) Compliance 

You are responsible for performing each 

action required by this AD within the 

specified compliance time unless it has 

already been accomplished prior to that time. 

(e) Required Actions 

Before further flight, revise the Operating 

Limitations section of Eurocopter EC 155B1 

Flight Manual Section 2.1, by inserting a 

copy of this AD into the Flight Manual or by 

making pen and ink changes as follows. 

Under paragraph 5, Minimum Flight Crew/ 

Maximum Personnel Transport Capability, 

beneath ‘‘Minimum flight crew,’’ remove the 

phrase ‘‘—one pilot in right-hand seat’’ and 

replace it as follows: 

—VFR: One pilot in right-hand seat. 

—IFR: Two pilots required. 

(f) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: Clark Davenport, 

Aviation Safety Engineer, Safety Management 

Group, Rotorcraft Directorate, FAA, 2601 

Meacham Blvd., Fort Worth, Texas 76137; 

telephone (817) 222–5110; email 

clark.davenport@faa.gov. 

(2) For operations conducted under a 14 

CFR part 119 operating certificate or under 

14 CFR part 91, subpart K, we suggest that 

you notify your principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office or 

certificate holding district office, before 

operating any aircraft complying with this 

AD through an AMOC. 

(g) Subject 

Joint Aircraft Service Component (JASC) 

Code: 2210: Autopilot System. 

Issued in Fort Worth, Texas, on July 16, 

2012. 

Kim Smith, 

Manager, Rotorcraft Directorate, Aircraft 

Certification Service. 

[FR Doc. 2012–17960 Filed 7–26–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2012–0274; Airspace 

Docket No. 12–ANM–4] 

Establishment of Class E Airspace; 

Roundup, MT 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E airspace at Roundup Airport, 

Roundup, MT, to accommodate aircraft 

using new Area Navigation (RNAV) 

Global Positioning System (GPS) 

standard instrument approach 

procedures at Roundup Airport. This 

improves the safety and management of 

Instrument Flight Rules (IFR) operations 

at the airport. 

DATES: Effective date, 0901 UTC, 

September 20, 2012. The Director of the 

Federal Register approves this 

incorporation by reference action under 

1 CFR part 51, subject to the annual 

revision of FAA Order 7400.9 and 

publication of conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue SW., Renton, WA 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

History 

On May 9, 2012, the FAA published 

in the Federal Register a notice of 

proposed rulemaking (NPRM) to 

establish controlled airspace at 

Roundup, MT (77 FR 27148). Interested 

parties were invited to participate in 

this rulemaking effort by submitting 

written comments on the proposal to the 

FAA. The FAA received three 

comments, all from the National 

Business Aviation Association (NBAA). 

The NBAA comments recommended 

that the FAA lower some of the adjacent 

Class E airspace, which is beyond the 

TAAs, down to 1,200 feet above the 

surface to accommodate orderly en 

route descent into the respective TAA 

because the NBAA feels that aircraft 

will not have enough airspace to access 

the TAAs. The airspace in question 

includes the following areas where 

Class E begins at 14,500 feet MSL: The 

large area to the north, the two smaller 

areas to the west, and the small area to 

the east. The NBAA is also concerned 

that the Minimum Instrument Flight 

Rules Altitude (MIA) outside the 1,200 

feet above the surface would affect air 

traffic services into the TAAs from the 

north, west and east. Finally, the 

commenter points out that extending 

the Class E 1,200-foot area would 

provide relief to Salt Lake City Air 

Route Traffic Control Center (ARTCC). 

The FAA believes that lowering this 

airspace is outside the scope of this 

rulemaking at this time, and would not 

serve the immediate purpose of 

establishing the airspace necessary for 

the safety of aircraft within the 

Roundup, MT, airport area. 

Class E airspace designations are 

published in paragraph 6005, of FAA 

Order 7400.9V dated August 9, 2011, 

and effective September 15, 2011, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in that Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

establishing Class E airspace, extending 

upward from 700 feet above the surface, 

at Roundup Airport, to accommodate 

IFR aircraft executing new RNAV (GPS) 

standard instrument approach 

procedures at the airport. This action is 

necessary for the safety and 

management of IFR operations. 

The FAA has determined this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034, February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation because the 

anticipated impact is minimal. This rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the criteria of the 

Regulatory Flexibility Act because this 

is a routine matter that will only affect 

air traffic procedures and air navigation. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 

Section 106 discusses the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 


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Federal Register / Vol. 77, No. 145 / Friday, July 27, 2012 / Rules and Regulations 44121 

airspace. This regulation is within the 

scope of that authority because it 

establishes additional controlled 

airspace at Roundup Airport, Roundup, 

MT. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 311a. This airspace action is 

not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of the Federal Aviation 

Administration Order 7400.9V, Airspace 

Designations and Reporting Points, 

dated August 9, 2011, and effective 

September 15, 2011 is amended as 

follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ANM MT E5 Roundup, MT [New] 

Roundup Airport, MT 

(Lat. 46°28′30′′ N., long. 108°32′36′′ W.) 

That airspace extending from 700 feet 

above the surface within a 7.6-mile radius of 

the Roundup Airport; that airspace extending 

upward from 1,200 feet above the surface 

within an area bounded by a line beginning 

at lat. 46°53′00′′ N., long. 109°17′00′′ W.; lat. 

47°04′00′′ N., long. 108°04′00′′ W.; lat. 

46°51′00′′ N., long. 107°39′00′′ W.; lat. 

46°32′00′′ N., long. 107°27′00′′ W.; lat. 

46°06′00′′ N., long. 107°42′00′′ W.; lat. 

45°54′00′′ N., long. 109°01′00′′ W.; lat. 

46°10′00′′ N., long. 109°33′00′′ W.; lat. 

46°32′00′′ N., long. 109°37′00′′ W.; thence to 

the point of beginning. 

Issued in Seattle, Washington, on July 19, 

2012. 

Robert Henry, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. 2012–18146 Filed 7–26–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1978 

[Docket Number: OSHA–2008–0026] 

RIN 1218–AC36 

Procedures for the Handling of 

Retaliation Complaints Under the 

Employee Protection Provision of the 

Surface Transportation Assistance Act 

of 1982 (STAA), as Amended 

AGENCY: Occupational Safety and Health 

Administration, Labor. 

ACTION: Final rule. 

SUMMARY: This document provides the 

final text of regulations governing 

employee protection (or 

‘‘whistleblower’’) claims under the 

Surface Transportation Assistance Act 

of 1982 (STAA), as amended, 

implementing statutory changes to 

STAA enacted into law on August 3, 

2007, as part of the Implementing 

Recommendations of the 9/11 

Commission Act of 2007. On August 31, 

2010, the Occupational Safety and 

Health Administration (OSHA) 

published an interim final rule (IFR) for 

STAA whistleblower complaints in the 

Federal Register and requested public 

comment on the IFR. This final rule 

implements changes to the IFR in 

response to comments received, where 

appropriate. This final rule also 

finalizes changes to the procedures for 

handling whistleblower complaints 

under STAA that were designed to make 

them more consistent with OSHA’s 

procedures for handling retaliation 

complaints under Section 211 of the 

Energy Reorganization Act of 1974, and 

other whistleblower provisions. It also 

sets forth interpretations of STAA. 

DATES: This final rule is effective on July 

27, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Sandra Dillon, Director, Office of the 

Whistleblower Protection Program, 

Occupational Safety and Health 

Administration, U.S. Department of 

Labor, Room N–3112, 200 Constitution 

Avenue NW., Washington, DC 20210; 

telephone (202) 693–2199. This is not a 

toll-free number. This Federal Register 

publication is available in alternative 

formats: large print, electronic file on 

computer disk (Word Perfect, ASCII, 

Mates with Duxbury Braille System), 

and audiotape. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Among other provisions of the 

Implementing Recommendations of the 

9/11 Commission Act of 2007 (9/11 

Commission Act), Public Law 110–53, 

121 Stat. 266, section 1536 re-enacted 

the whistleblower provision in STAA, 

49 U.S.C. 31105 (previously referred to 

as ‘‘Section 405’’), with certain 

amendments. The regulatory revisions 

described herein reflect these statutory 

changes and also seek to clarify and 

improve OSHA’s procedures for 

handling STAA whistleblower claims, 

as well as to set forth interpretations of 

STAA. To the extent possible within the 

bounds of applicable statutory language, 

these revised regulations are designed to 

be consistent with the procedures 

applied to claims under other 

whistleblower statutes administered by 

OSHA, including Section 211 of the 

Energy Reorganization Act of 1974 

(ERA), 42 U.S.C. 5851, the Wendell H. 

Ford Aviation Investment and Reform 

Act for the 21st Century (AIR21), 49 

U.S.C. 42121, and Title VIII of the 

Sarbanes-Oxley Act of 2002 (SOX), 18 

U.S.C. 1514A. Responsibility for 

receiving and investigating complaints 

under 49 U.S.C. 31105 has been 

delegated by the Secretary of Labor 

(Secretary) to the Assistant Secretary of 

Labor for Occupational Safety and 

Health (Assistant Secretary). Secretary’s 

Order 1–2012 (Jan. 18, 2012), 77 FR 

3912 (Jan. 25, 2012). Hearings on 

determinations by the Assistant 

Secretary are conducted by the Office of 

Administrative Law Judges, and appeals 

from decisions by administrative law 

judges (ALJs) are decided by the 

Department of Labor’s Administrative 

Review Board (ARB) (Secretary’s Order 

1–2010), 75 FR 3924–01 (Jan. 25, 2010). 

II. Summary of Statutory Changes to 

STAA Whistleblower Provisions 

The 9/11 Commission Act amended 

49 U.S.C. 31105, and the related 

definitions provision at 49 U.S.C. 31101, 

by making the changes described below. 

Expansion of Protected Activity 

Before passage of the 9/11 

Commission Act, STAA protected 

certain activities related to commercial 

motor vehicle safety. The 9/11 

Commission Act expanded STAA’s 

coverage to commercial motor vehicle 

security. In particular, 49 U.S.C. 

31105(a)(1)(A) previously made it 


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